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Home My WebLink About07 13 1999 CM115 COUNCIL MEETING MINUTES July 13th., 1999 Minutes of a regular council meeting held at the Chubbuck City Council Chambers, July 13th , 1999. Present: Mayor John O. Cotant; Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, B. Kent Kerns, Attorney Thomas J. Holmes, Public Works director Steven M. Smart and City clerk Ron C. Conlin. Meeting called to order at 7:30 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG INVOCATION was given by Bishop Thomas Nield, LDS Institute 19'. Ward, The Church of Jesus Christ of Latter -Day Saints. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to the Special Meeting Minutes of June 29th., 1999, and Regular Meeting Minutes of June 291h., 1999. Councilman Kearns moved to approve the Special Meeting Minutes of June 29th., 1999 and Regular Meeting Minutes of June 29th., 1999 as read. Councilman Gunter seconded. All council members voted in favor of motion. PUBLIC HEARING - RATLIFF SUBDIVISION PRELIMINARY PLAT - An application by Gary Ratliff, P.O. Box 147, Pocatello, Idaho for review of a preliminary plat for Ratliff Subdivision. Property is located at 306 E. Chubbuck Road. (Between Geraldine's Bakery and railroad tracks on E. Chubbuck Road). Mayor Cotant declared the public hearing open, there being no comment for, or against, Mayor Cotant declared the public hearing closed. Councilman Kearns asked if Gary Ratliff is still bound by Design Review Committee requirements, specifically, the temporary access on East Chubbuck Road. Attorney Holmes stated we are in the third draft of a temporary access agreement. City has approved, Attorney Holmes said, Mr. Ratliff s Attorney is reviewing and, the agreement just needs to be signed. The temporary access agreement will be presented with the Ratliff Subdivision Final Plat when it comes before the Council. Mr. Ratliff will have a temporary access onto E. Chubbuck Road, until there is a Burley Drive alternative, when the temporary access agreement is in place, the temporary access permit will expire. 117 COUNCIL MEETING MINUTES - (cont.) July 13 "., 1999 PUBLIC HEARING - RATLIFF SUBDIVISION PRELIMINARY PLAT - (cont.) Councilman Kearns moved to approve the Ratliff Subdivision Preliminary Plat with above clarifications. Councilman Gunter seconded. All council members voted in favor of motion. PUBLIC HEARING - VACATE A PORTION OF PLAT OF BAR X TRACTS - A petition by Don and Charlene Anderson, 11620 Faith Road, Pocatello, Idaho to vacate a portion of plat of Bar X Tracts known as Loyal and Faith Road. Property is located on the south portion of Faith Road, and all of the easement for Loyal road. Loyal Road: the south 50 feet of Lot 3, Block 8, and the south 50 feet of the south half of Lot 1, Block 7, Bar X Tracts. Faith Road: the west 25 feet of Lot 3, block 8, and the east 25 feet of the south half of Lot 1, Block 7, Bar X Tracts. Mayor Cotant declared the public hearing open, there being no comment for or against, Mayor Cotant declared the public hearing closed. Councilman England moved to approve vacating a portion of plat of Bar X Tracts known as Loyal and Faith Road. Property is located on the south portion of Faith Road, and all of the easement for Loyal Road. Councilman Gunter seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Michael Gorman, JKJ Equipment Co., (dba) Circus Chinera, Hugo, Texas has applied for a business license to operate a one ring (non animal) circus at the Pine Ridge Mall Parking Lot, September ls'. and September 2 "a , 1999. Mike Gorman stated this is a non animal circus. Police and Fire Departments recommended approval of the business license. Councilman Gunter moved to grant a business license to Michael Gorman, JKJ Equipment, (dba) Circus Chinera to operate a one ring, (non animal) circus at the Pine Ridge Mall Parking Lot. Councilman Kearns seconded. All council members voted in favor of motion. 119 COUNCIL MEETING MINUTES - (cont.) July 13`h., 1999 DAY CARE LICENSE APPLICATION - Cynthia Keller, 3038 W. Portneuf Road, Inkom, has applied for a daycare and preschool license to operate Little Tykes Preschool at 172 Park Lawn Drive. Police and Building Departments recommended approval of the license Cynthia Keller said she is working with Fire Chief Eric King in meeting required Fire Codes. Councilman Kearns moved to grant Cynthia Keller, 3038 W. Portneuf Road, Inkom, Idaho a license to operate a day care & preschool, Little Tykes Preschool, at 172 Park Lawn Drive, Chubbuck, Idaho, subject to Police, Fire and Building Departments giving final approval that all City and State Codes are met and followed. Councilman Quick seconded. All council members voted in favor of motion. ORDINANCE #511 - Enacting a new Section 9.08.240 of the revised and compiled ordinances of the City of Chubbuck, 1983; prohibiting the pointing of any laser or simulated laser devise at another person or animal for any purpose other than in an educational, instructional, or employment presentation. Attorney Holmes read ordinance #511 in full for the first and final reading. Councilman England moved to dispense with the rule of reading Ordinance #511 on three separate occasions. Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. Councilman Quick moved to adopt Ordinance #511 as read. Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. ORDINANCE - Amending Section 15.04.030 to delete certain amendments to the Uniform Building Code; amending Section 15.040.031 to define the occupancy of a structure for which an occupancy permit has not yet been issued to constitute an infraction subject to a penalty of one hundred dollars, ($100.00) per day; amending Section 15.040.090 regarding fees, plan review fees and method of determining cost. Mayor Cotant read ordinance by title only for the first reading. Council was in agreement to table the ordinance until the July 27"'., 1999 Council Meeting, and invite Building Official Jim Sempek to give a report on the proposed amendments to the ordinance. 121 COUNCIL MEETING MINUTES - (cont.) July 13'b.,1999 RESOLUTION #3 -99 - Adopting the 1999 Edition of the Idaho Standards for Public Works Construction. PWD Smart recommended Resolution #3 -99 be adopted tonight. Councilman England moved to adopt Resolution #3 -99 as read. Councilman Kearns seconded. All council members voted in favor of motion. RESIDENT COMPLAINT - Doug Hopster, 280 Joel was present to expressed concern about the following happenings in June, 1999: June 24t ". Response of Police Officer on Incident involving guns and upset citizens. Mr. Hopster stated it took 45 minutes for Police Officer to arrive. June 12.` ". Mr. Hopster received a parking ticket because his car was parked on the curb because a moving van was in his spot. June 25t ". There was a four hour stand off with person who was holding hostages with a gun. Felt police did not respond as they should. June 27` ". Incident where police responded and made an arrest. Mr. Hopster felt he was treated rudely by the Secretary at the Police Department. Mr. Hopster explained other concerns he had with the Police Department. Police Chief Jerry Rowland explained Police Department position on Mr. Hopster concerns. PC Rowland stated the Police Department has responded to the Mr. Hopster's concerns. Mr. Hopster stated he does not want to be a complainer and is willing to be involved in Citizens on Patrol. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman Quick moved to approve computer print -out claims as presented. Councilman Kearns seconded. All council members voted in favor of motion. At 8:14 p.m., Councilman Gunter moved, Councilman England seconded, with full council approval to adjourn meeting. John O. Cotant, Mayor Ron C. Conlin, City Clerk